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Treasury neglect or refuse to pay any fines, &c. to a claimant, or if such claimant is otherwise aggrieved. He may apply in a summary way by petition to the King's Bench Division, setting forth the nature of his claim, and the Court can call the proper parties before them, decide the matter, and award costs. By sect. 35 a similar application may be made against a person to whom the Treasury has paid fines, &c.

This procedure was adopted not long ago in R. v. Nottingham Corporation (1897), 13 T. L. R. 580. There being a dispute as to the title to certain fines and recognisances in the borough of Nottingham, the Treasury ordered them to be paid over to the proper official on behalf of the Crown, and the corporation then lodged their petition under the Fines Act, 1833, s. 36, in the Queen's Remembrancer's Department. It was entitled in the matter of the Act, "and in the matter of a claim by the corporation to certain fines and forfeited recognisances.' It then ought to have continued as in the heading of an English information (see p. 314), with the substitution of "humbly complaining shew" for "informing sheweth," and of the corporation for the Attorney-General.

The Lord Chief Justice ordered the petition to be served on the Treasury, and by order made by a judge in chambers by consent a special case was stated under Ord. XXXIV. on which judgment was duly given.

The general subject of the estreat of recognisances in superior and other Courts is fully treated in Archbold's Criminal Pleading, Evidence and Practice (ed. 23), pp. 117-120, to which the reader is referred. See also the Queen's Remembrancer Act, 1859, ss. 32-39, below, p. 681.

Process on Bonds.

The Act 33 Hen. VIII. c. 39, which governs this matter, is printed below, p. 651. By sect. 36, all suits, processes, judgments, decrees and executions thereafter to be taken, pursued or given for the King in the Courts mentioned in sect. 37 (which include the Exchequer) upon obligations and specialties to the King's use, are to be of the same force and effect against all the persons bound in the obligations and specialties and their representatives as statutes staple have been used to be taken, exercised and executed against lay persons. The King in such proceedings is to recover his debt, costs and damages in the same manner as other (sic) common persons. [The meaning of statutes staple is explained by 27 Edw. III. st. 2, c. 9.]

By sect. 37 (see also sect. 58) suits for the King's debts are to be in the Court of Exchequer or other Court where they become due, and

may be made by capias, extent, subpoena, attachment and prociamation of allegiance, as the Court thinks expedient.

Sect. 39 gives such Courts power to fine sheriffs, and provides that cases may be tried by oral or written evidence, or by such other methods as the Court thinks expedient.

Sects. 40, 41, 42 provide for the cancelling of bonds to the King without special warrant, on proof of payment, such cancellation to be a sufficient discharge as against the King, his heirs and successors.

Sects. 52-56 provide that lands descending to heirs in fee or tail shall be charged with debts to the King by specialty, though the heir be not named therein, and that the King may recover against the executors and administrators, having assets, of debtors so indebted, and that lands so chargeable which are in the possession of several persons other than the obligor shall be wholly and not severally chargeable. An exception is made in the case of hereditaments bond fide recovered by a previous title, and it is provided that persons shall be permitted to plead and establish that they are not chargeable with the debt alleged. By 34 & 35 Hen. VIII. c. 2, s. 5 (see p. 158), such heirs have a remedy over against the executors and administrators of the debtor.

Sect. 57 preserves the rights and privileges of the Duchy of Lancaster.

As to the validity of extents on statutes staple, although part of the lands or tenements extendible are omitted in the writ, see 16 & 17 Car. II. c. 5.

The Taxes Management Act, 1880 (43 & 44 Vict. c. 19), s. 119, applying to suits against the sureties of a collector of land tax, income tax or inhabited house duty on a bond entered into under that Act, provides that the collector's account or sworn schedule shall be sufficient evidence of the receipt by him of sums which he has collected or ought to have collected.

Sect. 120 provides for an assessment to defray costs adjudged to be paid by the Land Tax Commissioners, or the Commissioners for the General Purposes of the Income Tax in any proceedings on such a bond.

The Customs Consolidation Act, 1876 (39 & 40 Vict. c. 36), ss. 165–167, provides that all bonds relating to the Customs or matters incidental thereto are to be taken to or for the use of the King, and that all bonds and other securities entered into by any person for the performance of anything relative to the Customs or incident thereto are to be valid in law, and upon breach may be sued and proceeded upon in the same manner as any bond expressly directed or given by or under the provisions of the Customs Acts..

There are also provisions for the validity of bonds given by minors, for the entering up of satisfaction on bonds by the Commissioners of Customs and their discharge, and for the exoneration of the bonds of obligors.

These provisions are applied, mutatis mutandis, to all bonds and other securities entered into or given to the King, his heirs or successors, by the Crown Debts and Judgments Act, 1860 (23 & 24 Vict. c. 115), as amended by the Revenue Act, 1889 (52 & 53 Vict. c. 42), s. 8. For this purpose the principal officers of the Department concerned, or, if there be none, the Treasury, are substituted for the Commissioners of Customs.

Bonds given by the receivers of the Crown's land revenues have the effect of a statute staple to His Majesty by the Crown Lands Act, 1829 (10 Geo. IV. c. 50), s. 85 ; and see the Crown Lands Act, 1832 (2 & 3 Will. IV. c. 1), s. 9.

As to the giving of bonds by persons appointed to offices of public trust in general on pain of forfeiture of office, see the Government Offices Security Act, 1810 (50 Geo. III. c. 85), ss. 1, 7. By the Security of Public Officers Act, 1812 (52 Geo. III. c. 66), ss. 8, 10, such persons are to give notice of the death or bankruptcy of their sureties, and provide other sureties under penalties of forfeiture of a fourth part of the sum secured and forfeiture of office respectively, to be recovered by action of debt or information by the AttorneyGeneral or the Lord Advocate, but such penalties or forfeiture may be remitted by the Crown. The latter Act, by sect. 1, extends the former Act to Scotland.

The Public Works Loans Act, 1875 (38 & 39 Vict. c. 89), s. 33, provides that securities made in pursuance of that Act are to be made payable to the King's use, and may be recovered as a specialty debt due to the Crown, as if made under 33 Hen. VIII. c. 39, but no one is to be liable for any larger sum than that which he is expressed to be bound to pay. The Public Works Loan Commissioners may, if they think it necessary or expedient, issue a warrant to the proper officer to enforce payment, and, if necessary, to enter satisfaction, and are to have control over the proceedings, which are not to be discontinued, quashed or abated without their written authority. On the production of such warrant a competent Court or a judge thereof may direct the issue of an immediate writ of extent or diem clausit extremum.

It now becomes necessary to refer to some decisions on 33 Hen. VIII, c. 39. A general exposition of its effect will be found in Anon. (1563), Jenk. 226, pl. 89, in Sir Thomas Cecil's Case (1597), 7 Rep. 18 b, and in A.-G. v. Andrew (1655), Hard. 23. It extends only to debts

originally and immediately due to the King by judgment, recog-. nisance, obligation, or other specialty, and not to debts which are due to subjects and accrue to the King by attainder, gift, outlawry, &c. (Lord Anderson's Case (1597), 7 Rep. 21a.)

The form of the bonds need not be exactly such as the statute provides, the words of the statute in this behalf being merely directory, and intended merely to ensure that bonds taken to the King, which were to be specially privileged, should be taken in his name and not in the name of common persons to his use. (Scrogs v. Gresham (1584), Moo. 193; And. 129; R. v. Bradford (1714), 2 Ld. Raym. 1327; 1 Dick. 24; Yale v. R. (1721), 6 Bro. P. C. 27; R. v. Ellis (1849), 4 Ex. 652; 19 L. J. Ex. 77.) The Court will take judicial notice of bonds within the statute, though not set out in the pleadings. (R. v. Ellis, ubi sup.) A bond made to the King in his political capacity subsists to his successor. (R. v. Bradford, ubi sup.) A bond given to the Crown by the committee of a lunatic is within the statute. (R. v. Chambers (1843), 11 M. & W. 776.)

Recovery of Rents.

33 Hen. VIII. c. 39, ss. 43, 44, provides for the recovery of rents due under royal grants, and of the forfeitures imposed for nonpayment thereof.

Charge of Crown Debts on Lands.

33 Hen. VIII. c. 39, ss. 52, 54-56, provides that Crown debts by judgment or specialty shall bind lands descending to heirs in fee or tail, though heir be not named therein, with the further provisions set out above on p. 148.

The charge on the lands of public accountants is dealt with below, p. 158.

As to the necessity of registration, see below, p. 152.

The Judgments Act, 1839 (2 & 3 Vict. c. 11), ss. 10, 11, provides that the Treasury, on payment of such sum of money as they may require into the Exchequer to be applied in liquidation of the debt or upon such other terms as they may think proper, may certify that any hereditaments of a Crown debtor or accountant shall be held by a purchaser or mortgagee and his successors discharged from all claims on the part of the Crown in respect of any debt of the debtor or accountant, and, in the case of leases for fines, may certify in a similar way in favour of the lessees, without prejudice to the rights of the Crown against the reversion. Such certificate is not to affect the Crown's right to levy the whole debt on any other hereditaments which would have been liable, had no certificate been granted.

The Judgments Act, 1855 (18 & 19 Vict. c. 15), s. 11, provides that a legal or equitable estate vested in a purchaser or mortgagee for valuable consideration shall not be extended or taken in execution on behalf of the Crown in respect of matters whereby a mortgagee, who has been paid off at the time of the conveyance of the estate, has become a debtor or accountant to the Crown.

A bond under 33 Hen. VIII. c. 39, binds all lands of the obligor over which he had a disposing power at the time he entered into the bond. The giving of such bond is a voluntary act on his part, and he cannot afterwards, by exercising his disposing power, defeat the right of the Crown. (Ellis v. R. (1851), 6 Ex. 921; 20 L. J. Ex. 348.) But it will not bind land conveyed bonâ fide and for consideration. before the Crown debt was incurred by the person conveying. (Foskew's Case (1587), 2 Leon. 90.) Nor will a simple contract debt to the Crown, due from a person who does not hold an office constituting him a public accountant, bind his lands in the hands of a bonâ fide purchaser without notice (R. v. Smith (1810), Wight. 34), and similarly, where the title deeds of such lands have been deposited bona fide and without notice by way of equitable mortgage, the Crown must satisfy the lien of the equitable mortgagee before it takes possession of the proceeds of sale of such land. (Casberd v. Ward (1819), 6 Price, 411.) A term attendant on an inheritance is bound as well as the inheritance. (Nicholls v. How (1700), 2 Vern. 389.) See also below, pp. 168, 196. As to the general principle whereby the lands of persons into whose hands Crown property has come are bound, see above, p. 144.

It was held in Sir William Fleetwood's and Sir Roger Aston's Case (1616), Hob. 45, that where the King took a public accountant's land and re-granted it, it was freed from his Crown debt, whether such debt were incurred before or after the re-grant.

It is said that the Crown may levy on a lessee's land for his lessor's debt. (Y. B. P. 22 Edw. IV. pl. 29.)

Sale and Conveyance of Crown Debtor's Lands.

As to the sale of land of public accountants under 27 Eliz. c. 3, and the Exchequer and Audit Departments Act, 1866 (29 & 30 Vict. c. 39), s. 42, see pp. 158, 159.

The Crown Debtors Act, 1785 (25 Geo. III. c. 35), s. 1, provides that the Exchequer, on the application of the Attorney-General, may order the hereditaments of a Crown debtor, which have been extended, to be sold.

They are to be conveyed by the King's Remembrancer, and the purchaser and his successors are to hold such hereditaments, not only

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